Below you will find a list of some of the common ways that accidents happen and the laws in place that are supposed to prevent and pay for them.
Also, they do not prevent bringing an injury claim for recovery of damages in spite of potential criminal penalties against a defendant. Below we discuss some important laws and principles, accident avoidance and where to go for legal help if you're in a pickle.
State insurance coverage remains mandated under the voter-enacted Compulsory Financial Responsibility Law. So all motor vehicle operators and residents that drive their cars shall be “financially responsible.”
So if you drive and are involved in an accident, you are required to show proof of insurance to law enforcement. Also, you must prove you can minimally pay for damages and injuries caused by the use, ownership, or borrowing of an uninsured vehicle.
Comprehensive coverage, or OTC (other than collision), under-insured motorist, or UIM, uninsured motorist (UM, medical payments coverage, and collision and theft policies are not required by state law. However, they may overlap each other.
But these are an excellent idea to have. But you are only required to hold basic insurance. But if not– you have an obligation to show that you have a bond. This covers the potential cost of injuries or property damage caused by a collision.
Under the doctrine of preemption, when a non-primary roadway motorist enters an intersection this driver may only cross a street first street when reasonably safe. So this means crossing without endangering or impeding the primary roadway drivers.
Also, a driver entering a roadway from a private driveway must yield the right-of-way to oncoming traffic. When a motorist gets close to the driver exiting a driveway, he must yield. Otherwise, this would create a hazard. So the exiting driver must use great care entering the roadway. That way the driver avoids obstructing traffic.
But the motorist on the primary street also has a duty to use caution. He must do so in non-primary traffic areas as well. But this driver has a lesser burden than the motorist on the non-primary roadway. Therefore, the primary roadway traveler can assume certain things.
For example, they can expect entering the main roadway to be safe from a private driveway or side road traffic, since it's not supposed to not impede their right-of-way. But the driver on the main road seeing a car in their path must still legally slow their vehicle. So this must remain a standard of being reasonable.
Drivers that are on the shoulder of a highway or roadway remain held to the same standard as motorists entering the roadway from a private driveway. So they must yield to traffic on the road. And they should only enter the roadway when safe. All in all, they may not place any drivers in danger.
When a driver passes another vehicle, he or she has a duty to ensure a clear path. Last, the driver should be entirely confident they have looked at all angles of traffic. So they must assure safe passage.
No state law prevents victims from hiring legal counsel to deal with these issues. So go ahead and learn your legal rights and get a free consultation. Reach out and call Ehline Law Firm today at (213) 596-9642.